The Ombudsman's final decision
Summary: We will not investigate Miss X’s complaint about the Council’s decision not to provide her son with free transport to school. This is because there is not enough evidence of fault by the Council.
The complaint
The complainant, whom I shall refer to as Miss X, complained about the Council’s decision not to provide her son with free transport to her preferred school. The Council refused Miss X’s request because it said there were three closer schools to home.
The Ombudsman’s role and powers
We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. We consider whether there was fault in the way an organisation made its decision. If there was no fault in the decision making, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
What I found
Councils have a duty to provide free transport to school to ‘eligible’ children. Eligible children include: Children attending the nearest qualifying school to home where the distance to school is more than the statutory walking distance (two miles for children up to the age of eight, and three miles for children aged eight and over).
Children who cannot walk to school, accompanied as necessary, because of the nature of the route.
Children who cannot walk to school because of their special educational needs.
Extra help is also available to children from low-income families – defined as children receiving free school meals or where their parents receive the maximum level of working tax credit. The extra help includes free transport to school if it is between two and six miles from home and there are not three or more suitable nearer schools. This help is available to children aged 11-16.
Councils must apply their published policy when deciding entitlement to transport assistance. But they also have the discretion to consider exceptional circumstances. They must have a review or appeal process parents can use to challenge decisions.
What happened Miss X asked the Council to provide her son (Y) with free transport to her preferred secondary school (School Z). The Council refused Miss X’s application because there were three closer schools to her home. It said this meant Y did not qualify for free transport.
Miss X appealed the Council’s decision. She explained she was disabled and does not drive. She said Y rarely goes out and felt the Council was discriminating against her. The Council refused Miss X’s appeal at the first stage of its appeals process. Miss X asked for her appeal to be escalated.
The Council’s Discretionary Transport Appeals Panel looked at Miss X’s appeal at the final stage of the appeals process. The panel decided the original application had been properly considered against the Council’s published policy. It decided there were no exceptional reasons to provide transport. It therefore refused Miss X's appeal.
Assessment Miss X disagrees with the Council’s decisions. But this is not evidence of fault. The Ombudsman is not an appeal body, and we cannot criticise a properly made decision or intervene to substitute an alternative view. As I explain in paragraph 2, we can only criticise a council’s decision if there was fault in the way it was reached.
The Council has applied its transport policy which reflects the statutory requirements set out in paragraph 5. There is no indication of fault in the way it did this or in how it reached the decision Miss X’s son does not qualify for free transport.
Appeal panels are entitled to make their own judgements on the information before them. They need to look at each case on its merits.
The evidence available shows the panel reached a decision it was entitled to, taking into account the information it was presented with. The decision letter to Miss X explained the panel’s decision.
Based on the evidence available, it is unlikely an investigation would find enough fault with the way the Council has acted to question the decisions reached. We will not therefore investigate.
Final decision
We will not investigate Miss X’s complaint because there is not enough evidence of fault by the Council.
Investigator's decision on behalf of the Ombudsman